Publications - Dispute Resolution: Litigation and Arbitration
The effects of COVID-19 on international arbitration in Latin America
International arbitrations are not associated with any particular jurisdiction, and in Latin America and elsewhere, most arbitral institutions keep handling arbitral proceedings and enabling them to continue, despite COVID-19, by using available…
Will COVID-19 revolutionise arbitration?
The health crisis caused by COVID-19 could turn into a chance to revolutionize arbitration and boost and strengthen its virtues as opposed to domestic court litigation. The flexibility inherent to this alternative dispute resolution system and its…
Investor-State arbitration and sustainable development: environmental-related claims on the rise
Disputes related to environmental matters are frequent in the context of investor-state arbitration and are likely to increase in years to come. Claims vary from alleged breaches by host states because of environmental permit denials to…
Will the Prague Rules on the taking of evidence change anything in International Arbitration?
Multi-tiered clauses: pros and cons of an alternative dispute resolution system
Before incorporating a standard multi-step dispute resolution clause, it is worth considering if a phased system actually satisfies the needs and interests of the parties and if so, be careful in drafting said clauses to avoid potential practical…
Protecting personal data under the GDPR in arbitration
In this article we highlight the implications for parties, counsel, arbitral institutions and third party providers and consider how to best deal with GDPR compliance including assessing if consent is necessary, obtaining consent when and if needed…
Intra-Community investment arbitration: amber alert!
On 6 March, the Court of Justice of the European Union (CJEU), in the case of the Slovak Republic v. Achmea BV, decided that an arbitration clause included in the Bilateral Investment Treaty (BIT) signed by the Netherlands and the then Czech…
Uncertainties arising from Brexit in relation to international litigation and corporate restructuring and insolvency matters
This commentary describes some of the main issues and uncertainties that the United Kingdom’s exit from the European Union will bring, concerning matters such as choice of court agreements, recognition and enforcement of judgments, choice of…
Law 42/2015, of October 5, amending Law 1/2000, of January 7, on Civil Procedure
On October 6, 2015, the Official State Gazette published Law 42/2015, of October 5 amending Law 1/2000, of January 7, on Civil Procedure, which was approved by the Spanish Congress of Deputies on October 1, 2015.
Organic Law 13/2015 amending the Criminal Procedure Law to strengthen procedural guarantees and regulate technology-related investigation measures
On October 6, 2015 the Official State Gazette (BOE, issue 239) published two laws amending the Spanish Criminal Procedure Law: an organic law, Organic Law 13/2015, of October 5, 20155, to strengthen procedural guarantees and regulate technology-…
Commentary Litigation and Arbitration 7-2015
On September 11, 2015, the Official State Gazette (issue 218) published Organic Law 10/2015, of September 10, 2015 on access and publicity concerning certain information contained in judgments rendered in tax fraud matters.
1985 Law 29/2015, of July 30, 2015 on international legal cooperation in civil matters
The Law 29/2015, of July 30, 2015, on international cooperation in civil matters (the “Law”) was published in the Official State Gazette on July 31, 2015 and enters into force on August 20, 2015. It is an important new for the Spanish legal system…